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1/03/2013

Late on October 18, a Thursday, veteran criminal
defense lawyer Mark Bederow was frustrated. He had made a half-dozen formal
requests over a period of months for more documents in the Brooklyn
armed-robbery case of 64-year-old Ronald Bozeman, and it felt like he was
banging his head against a wall.

As Bozeman languished in jail, Bederow had learned a series
of disturbing things about the case that led him to believe it should have been
dismissed months earlier. But the promised documents—known as “Brady material”
after the relevant case law—had not arrived.

Two hours later, Madni responded. “Relax,” she sniffed. “You'll
get them. It’s not like any of that material exonerates your client anyway, so
it’s not even technically Brady.”

Madni turned out to be wrong. And Ronald
Bozeman would spend more than a year in jail for a crime he didn’t commit.

A number of cases like Bozeman's have lately
cast Brooklyn District Attorney Charles Hynes and his office in a
less-than-flattering light. There have been repeated allegations of
prosecutorial misconduct, political influence peddling, and basic ineptitude.
Hynes has been widely criticized, for example, for shielding rapists and
pedophiles in the ultra-Orthodox Jewish communities in Brooklyn as a way of
currying favor with politically influential rabbis. And several high-profile
criminal cases have fallen apart after revelations that his office has either
manipulated evidence or withheld exculpatory evidence it is required to
disclose to defense attorneys. In several cases, innocent men spent months or
even years behind bars.

“It seems that the culture of that office has reached a
point where its reputation has suffered tremendously,” says Bennett Gershman,
a leading expert on prosecutorial misconduct who teaches law at Pace
University. “People look at that office as a place that cares about winning
and pleasing certain constituencies and really doesn't show a sense of doing
justice. The other sense is that it’s a political office, and Hynes is a
political prosecutor. He’s been there a long time. Maybe he’s been there too
long.”

It’s certainly the case that Hynes has been in office for a
political eternity: 23 years, through six terms, six police commissioners, and
three mayors. He has held sway through the racially motivated slaying of Yusuf
Hawkins in Bensonhurst,
Brooklyn; through the Crown
Heights riots and the conviction of Charles
Price and Lemrick
Nelson; the precinct-house assault of Abner Louima by
officer Justin
Volpe; and the corruption trials of judges Victor Barron and Gerald
Garson. And those are just a few highlights from a long list.